How do I file a personal injury claim against the person who assaulted me on a bus in North Carolina?
How do I file a personal injury claim against the person who assaulted me on a bus in North Carolina? - North Carolina
Short Answer
In North Carolina, you start by filing a civil Complaint and Civil Summons against the attacker in the appropriate county court, then serving them under Rule 4 of the North Carolina Rules of Civil Procedure. Most personal injury claims must be filed within three years of the incident. If you also consider claims against the city or transit agency, governmental immunity may apply unless it has been waived by liability insurance.
Understanding the Problem
You want to know how, in North Carolina, you can file a personal injury lawsuit against the person who pepper-sprayed you while you were boarding a city bus. You also want to understand whether and how to include the city or transit operator since the bus driver did not intervene or call police.
Apply the Law
North Carolina law lets an injured person bring civil claims for assault and battery against the attacker, and potentially negligence-based claims against others who had a duty to protect you. You begin the case by filing a Complaint and having the Clerk of Superior Court issue a Civil Summons. The main forum is the General Court of Justice (District or Superior Court), typically in the county where the defendant resides or where the assault occurred. The core deadline is the statute of limitations, generally three years from the injury for personal injury claims.
Key Requirements
Timely filing: File within the applicable statute of limitations (generally three years from the assault/injury).
Plead your claims: Draft a Complaint stating facts and claims (e.g., assault/battery against the attacker; negligence against others, if appropriate).
Proper court and venue: File in the correct county and division based on where defendants reside or where the incident happened.
Issue and serve process: Ask the clerk to issue an AOC-CV-100 Civil Summons and serve each defendant under Rule 4.
Keep service alive if needed: If you cannot serve within the initial period, obtain an endorsement or alias and pluries summons to avoid dismissal.
Claims against a city/transit operator: You must allege and be able to show waiver of governmental immunity (often via liability insurance) to proceed.
Apply the Rule to the Facts: You can sue the attacker for assault and battery within three years. File your Complaint in the county where the attacker lives or where the bus assault happened. Ask the clerk to issue the Civil Summons and serve the attacker by personal delivery or certified mail. If you pursue the city or transit operator for negligence, you must plead and establish that it waived governmental immunity (often by liability insurance); otherwise, the court may dismiss those claims.
Process & Timing
Who files: You (the injured plaintiff). Where: Civil Division of the General Court of Justice (District or Superior Court) in the appropriate North Carolina county. What: Complaint (assault/battery; and, if appropriate, negligence), Civil Summons (AOC-CV-100). When: File within the three-year statute of limitations for personal injury.
Issuance and service: The Clerk of Superior Court issues the summons after filing. Serve the individual attacker under Rule 4 (e.g., personal delivery, leaving at the dwelling with a suitable resident, or certified mail). To serve a city, serve the mayor, city manager, or city clerk by authorized methods. You generally have 60 days to serve before the summons expires; if needed, obtain an endorsement or alias and pluries summons within the allowed window to keep the case alive.
Next stages: The defendant typically has 30 days after service to respond. Cases then proceed to discovery and, in many counties, court-ordered mediation. If not resolved, the case goes to trial for judgment.
Exceptions & Pitfalls
Governmental immunity: Claims against a city or transit operator may be barred unless the entity waived immunity by purchasing liability insurance or joining a risk pool; plead and be prepared to prove waiver.
Service mistakes: Serving the wrong person for a municipality (not the mayor/city manager/city clerk) or missing the initial service window can derail your case; use Rule 4 methods and calendar the 60-day service period and alias/pluries deadlines.
Wrong venue/defendant: Confirm the attacker’s identity and residence and whether the transit operator is the city or a separate public authority; name and serve the correct entity.
Default judgments and servicemembers: Before any default, courts require an SCRA declaration regarding military status; be ready to file the required affidavit.
Conclusion
To sue for a bus assault in North Carolina, file a civil Complaint and have the clerk issue an AOC‑CV‑100 Civil Summons, then serve each defendant under Rule 4. Do this within the three‑year statute of limitations. If you include the city or transit operator, you must allege and show waiver of governmental immunity (often by liability insurance). The next step is to draft your Complaint, file it in the proper county court, and promptly arrange valid service.
Talk to a Personal Injury Attorney
If you're dealing with injuries from an assault on a North Carolina bus and want to file a civil claim, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.
Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.
